Answers

How long does a granted patent stay valid?

The maximum term of a European patent is 20 years from its filing date. The patent may lapse earlier if the annual renewal fees are not paid or if the patent is revoked by the patentee or after opposition proceedings. In certain cases (medical or plant protection product patents) it is possible to extend the period of protection.

Is it possible to object to a particular application, either before or after it has been granted?

Yes, in two ways:

In proceedings before the European Patent Office, following publication of a European patent application, any person may submit observations concerning the patentability of the invention to which that application or the granted patent relates. These observations must be filed in writing in English, French or German and must include a statement of the grounds on which they are based. There are no fees for presenting such observations. We advise using the official EPO web-based filing form, which has been designed to help you to formulate your observations in a structured and concise manner; it is available free of charge from the EPO website (tpo.epo.org). Filing observations does not make you a party to any official proceedings the EPO undertakes, and you will not be informed by the EPO about the further outcome of the patent grant proceedings. However, it is important to note that submissions filed as third-party observations will be placed in the public part of the file of the patent application or patent and will thus be accessible to the public. The observations are communicated to the patent applicant/proprietor, who may comment on them.

Up to nine months after publication of the mention that a European patent has been granted, any person (with the exception of the patent proprietor himself) may file notice of opposition to the patent with the EPO. The notice of opposition must be filed in a written reasoned statement. That means that the opponent must state at least one ground for opposition under Article 100 EPC and indicate the facts, evidence and arguments presented in support of the ground(s). Otherwise the notice of opposition will be rejected as inadmissible.

We advise using the official EPO opposition form (2300), which is available free of charge from the EPO and the central industrial property offices of the contracting states. Notice of opposition is not deemed to have been filed until the opposition fee of EUR 775 has been paid.

For further details of the opposition procedure see the Guide for applicants, point 178 ff.

What do I have to do to apply for a European patent?

Requests for the grant of a European patent must be filed on the form prescribed by the European Patent Office (EPO Form 1001). This should be accompanied (where applicable - i.e. where the applicant is not the inventor or is not the sole inventor) by a "Designation of the inventor" form (EPO Form 1002). An "Authorisation" (EPO Form 1003) may also be required (see "Representation" below).

European patent applications must contain:

a request for the grant of a European patent (EPO Form 1001)

a description of the invention

one or more claims

any drawings referred to in the description or the claims

an abstract.

Representation

If you do not have either a residence or a place of business within the territory of an EPC contracting state (non-resident applicants) you must be represented by a professional representative and act through him in all proceedings, other than in filing the European patent application. You can find a professional representative in the database of professional representatives.

Cost of a European patent application

The following fees are payable upon filing a European patent application.

fee for a divisional application of fifth or any subsequent generation EUR 850 (fee code 555)

The above fees are due within one month of filing the European patent application.

Further fees are due if you decide that you wish to pursue the application after receiving the European search report.

Where to file

Our filing offices are located in Munich, Berlin and The Hague. You may also file by fax or online.

The EPO's postal addresses and fax numbers can be found on the Contact page.

For further information on how to file a European patent application and on the European patent grant procedure, see How to get a European patent, Guide for applicants, as well as the EPO forms required and the current Schedule of fees and expenses.

The following fees are payable upon filing a European patent application. a. Filing fee: EUR 200 (for paper filings - fee code 001) or EUR 115 (for online filings); Additional fee for the 36th and each subsequent page if applicable EUR 14 b. Search fee: EUR 1 165 (fee code 002) c. Where appropriate, claims fees: EUR 225 (fee code 015) per claim for the 16th to 50th claim and EUR 555 for the 51st and each subsequent claim up to a limit of 50. The above fees are due within one month of filing the European patent application. Further fees are due if you decide that you wish to pursue the application after receiving the European search report.

How long does the grant procedure take?

The European patent grant procedure takes about three to five years from the date your application is filed. It is made up of two main stages. The first comprises a formalities examination, the preparation of the search report and the preliminary opinion on whether the claimed invention and the application meet the requirements of the EPC. The second involves substantive examination.

Should I file a national, European or international application?

The European and national patent grant procedures exist in parallel. When seeking patent protection in one or more EPC contracting states, you can choose either to follow the national procedure in each state or to take the European route, which confers protection in all the contracting states that you designate in a single procedure.

If you want to patent your invention in one particular country, you will need to contact the national patent office of the country concerned.

If you decide that you want a European patent, you have the choice between the direct European route and the Euro-PCT route. With the direct European route, the entire procedure is governed by the EPC alone. With the Euro-PCT route, the first phase of the grant procedure (the international phase) is subject to the PCT (Patent Cooperation Treaty), while the regional phase before the EPO as designated or elected Office is governed primarily by the EPC.

I have filed an international (PCT) application and want to enter the regional European phase. What should I do?

In order to initiate the European phase you must fulfil certain minimum requirements within 31 months of the filing date or, if priority has been claimed, the earliest priority date. More details can be found in the Euro-PCT Guide, point 449 ff.

Can I use the priority of my national patent application when filing a European application?

Yes. If you or your predecessor in title have filed an application for either a patent or the registration of a utility model or a utility certificate in or for any state party to the Paris Convention for the Protection of Industrial Property (176 states) or any member of the World Trade Organization (160 states), you may claim priority when filing a European patent application in respect of the same invention. You should do so no later than 12 months after filing the first application.

If the previous application was filed in or for an EPC contracting state, you may also designate that state in the European application. The previous application whose priority you claim may also be a European or international (PCT) application.

Do I have to appoint a professional representative?

If you have either a residence or a place of business within the territory of an EPC contracting state you are not obliged to be represented by a professional representative (European patent attorney). If you are a non-resident applicant, you may file a European patent application on your own behalf but must appoint a professional representative and act through him afterwards. This does not apply to fee payments, since these may be made by anybody.

Patent grant procedures are highly complex. So if you lack the requisite experience, we advise you to consult a professional representative before the EPO.

Representation may also be undertaken by any legal practitioner qualified in one of the contracting states and having his place of business within that state, provided that he is entitled in that state to act as a professional representative in patent matters.

Further details can be found in the Guide for applicants, point 58 ff.